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BONESSA v. U.S. STEEL CORP.

No. 89-3066.

884 F.2d 726 (1989)

Arthur BONESSA, Petitioner, v. UNITED STATES STEEL CORP., Respondent, and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Party In Interest.

United States Court of Appeals, Third Circuit.

Decided September 5, 1989.

Rehearing Denied November 29, 1989.

Attorney(s) appearing for the Case

Paul A. Tershel, Melenyzer & Tershel, Washington, Pa., for petitioner.

Robert C. Jones, USX Corp., Pittsburgh, Pa., for respondent USX Corp.

Elizabeth Hopkins, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for party in interest Director, OWCP, etc.

Before MANSMANN, SCIRICA, and SEITZ, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) June 26, 1989.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

We are asked to determine the meaning of "total disability due to pneumoconiosis" as that phrase is understood in the context of the 1981 amendments to the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 901 et seq. (amended 1982), and the regulations promulgated pursuant thereto.

A 67-year-old retired coal miner...

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